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Tag: infringement

  • Pune Eatery Temporarily Restrained From Using Burger King Name, Pending Hearing Of Trademark Infringement Plea

    Pune Eatery Temporarily Restrained From Using Burger King Name, Pending Hearing Of Trademark Infringement Plea

    The Bombay High Court on Monday in an interim order restrained a Pune-based eatery from using the name ‘Burger King’ until a trademark infringement plea by the US giant Burger King Corporation is heard and disposed of. The company in August filed an appeal in the high court, challenging an order passed by a Pune court the same month dismissing its suit alleging trademark infringement against the namesake eatery. The Burger King Corporation had also filed an application in the HC, seeking an interim injunction against the Pune eatery owners -Anahita Irani and Shapoor Irani – from using the name ‘Burger King’ pending hearing and final disposal of its appeal. The HC in August extended the ad-interim order granted by the Pune court in January 2012 restraining the eatery from using the name ‘Burger King’.

    The HC had then started hearing the company’s interim application seeking an interim injunction against the Pune-based eatery pending the final hearing of its appeal. A division bench of Justices A S Chandurkar and Rajesh Patil on Monday, while passing its order on the interim application, said the appeal filed by the company needs to be heard and the entire evidence needs to be looked into. “Until then the interim order (restraining the Pune-based eatery from using the name Burger King) is required to be continued,” the HC said.

    The bench expedited the hearing into the appeal and also directed both the appellant (Burger King) and the defendant (Pune-based eatery) to maintain their financial transaction records and tax documents of the last 10 years until disposal of the appeal. The fast-food company in its suit sought an injunction against the Pune-based eatery from using the name ‘Burger King’ as it was causing a huge loss and damage to the company and harming its goodwill, business and reputation.

    The Pune court had dismissed the 2011 suit filed by the Burger King Corporation, noting the city-based eatery ‘Burger King’ was operating since 1992 which was even before the US burger giant opened shop in India. The company’s counsel, Hiren Kamod, had submitted to the HC that the Pune court erred in holding that the eatery was using the name ‘Burger King’ in India much before the US company opened its first fast food joint here. “The plaintiff company presently has over 400 Burger King joints in India of which six are in Pune,” Kamod said. 

    (Disclaimer: Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

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  • Canadian news publishers sue OpenAI over alleged copyright infringement

    Canadian news publishers sue OpenAI over alleged copyright infringement

    OTTAWA, Ontario — A coalition of Canadian news publishers, including The Canadian Press, Torstar, Globe and Mail, Postmedia and CBC/Radio-Canada, has filed a lawsuit against OpenAI for using news content to train its ChatGPT generative artificial intelligence system.

    The outlets said in a joint statement on Friday that OpenAI regularly breaches copyright by scraping large amounts of content from Canadian media.

    “OpenAI is capitalizing and profiting from the use of this content, without getting permission or compensating content owners,” the statement said.

    The publishers argue that OpenAI practices undermine the hundreds of millions of dollars invested in journalism, and that content is protected by copyright.

    “News media companies welcome technological innovations. However, all participants must follow the law, and any use of intellectual property must be on fair terms,” the statement said.

    Generative AI can create text, images, videos and computer code based on a simple prompt, but the systems must first study vast amounts of existing content.

    OpenAI said in a statement that its models are trained on publicly available data. It said they are “grounded in fair use and related international copyright principles that are fair for creators and support innovation.”

    The company said it collaborates “closely with news publishers, including in the display, attribution and links to their content in ChatGPT search” and offers outlets “easy ways to opt-out should they so desire.”

    This is the first such case in Canada, though numerous lawsuits are underway in the United States, including a case by the New York Times against OpenAI and Microsoft.

    Some news organizations have chosen to collaborate rather than fight with OpenAI by signing deals to get compensated for sharing news content that can be used to train its AI systems.

    The Associated Press is among the news organizations that have made licensing deals over the past year with OpenAI. Others include The Wall Street Journal and New York Post publisher News Corp., The Atlantic, Axel Springer in Germany and Prisa Media in Spain, France’s Le Monde newspaper and the London-based Financial Times.

    Canada has passed a law requiring Google and Meta to compensate news publishers for the use of their content, but has previously declined to say whether the Online News Act should apply to use by AI systems.

    In response to that legislation, Meta pulled news from its platforms in Canada, while Google has reached a deal to pay $100 million Canadian (US$ 71 million) to Canadian news outlets.

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